I wanted to get out ahead of this and share before it's spun up in the news and
everyone jumps to conclusions...
Texas HB 1904 has been introduced in the House. A Class C misdemeanor for
intentional release of balloons into the air.
BUT.. There is an exception buried within that I have highlighted (and between
asterisks in case your email client doesnt provide the formatting). So because
ham radio activities fall within that emergency services communications and
often times scientific/experimental umbrellas, the local High Altitude Balloon
groups should be fine. For example, I know that NOAA tracks the higher altitude
balloons to learn wind currents above the jet stream. So I dont think Walter
and his crew would need to worry too much about this bill if it were to fully
pass into law.
SECTION 2. Subchapter B, Chapter 365, Health and Safety
Code, is amended by adding Section 365.018 to read as follows:
Sec. 365.018. RELEASE OF BALLOON; CRIMINAL PENALTY. (a) A
person commits an offense if the person intentionally releases or
causes to be released a balloon inflated with lighter-than-air gas
outside a roofed structure.
***** (b) It is an exception to the application of Subsection (a)
that the balloon was:
(1) a balloon released for scientific or
meteorological purposes on behalf of a governmental agency or under
a governmental contract; or *****
(2) a hot air balloon recovered after launching.
(c) An offense under this section is a Class C misdemeanor
if:
(1) the total weight of balloons released by the
actor, after deflation, is five pounds or less; or
(2) the total volume of balloons released by the
actor, after deflation, is five gallons or less.
(d) An offense under this section is a Class B misdemeanor
if:
(1) the total weight of balloons released by the
actor, after deflation, is more than five pounds but less than 500
pounds; or
(2) the total volume of balloons released by the
actor, after deflation, is more than five gallons but less than 100
cubic feet.
(e) An offense under this section is a Class A misdemeanor
if:
(1) the total weight of balloons released by the
actor, after deflation, is 500 pounds or more but less than 1,000
pounds;
(2) the total volume of balloons released by the
actor, after deflation, is 100 cubic feet or more but less than 200
cubic feet; or
(3) the balloon release was for a commercial purpose
and:
(A) the total weight of balloons released by the
actor, after deflation, is more than five pounds but less than 200
pounds; or
(B) the total volume of balloons released by the
actor, after deflation, is more than five gallons but less than 200
cubic feet.
(f) An offense under this section is a state jail felony if:
(1) the total weight of balloons released by the
actor, after deflation, is 1,000 pounds or more;
(2) the total volume of balloons released by the
actor, after deflation, is 200 cubic feet or more; or
(3) the balloon release was for a commercial purpose
and:
(A) the total weight of balloons released by the
actor, after deflation, is 200 pounds or more; or
(B) the total volume of balloons released by the
actor, after deflation, is 200 cubic feet or more.
(g) Except as otherwise provided by this subsection, the
punishment for an offense under this section is increased to the
punishment prescribed for the next higher category of offense if it
is shown on the trial of the offense that the defendant has
previously been convicted of an offense under this section. If an
offense under this section is punishable as a Class A misdemeanor,
the minimum term of confinement for the offense is increased to 180
days.
(h) On conviction of an offense under this section, the
court shall require the defendant, in addition to the penalties
prescribed by this section, to perform community service as
provided by Article 42A.304(e), Code of Criminal Procedure.
89(R) HB 1904 - Introduced version - Bill
Text<https://capitol.texas.gov/tlodocs/89R/billtext/html/HB01904I.htm>
89 (R) HB 1904 - Introduced version - Bill
Text<https://capitol.texas.gov/tlodocs/89R/billtext/html/HB01904I.htm>
actor, after deflation, is 500 pounds or more but less than 1,000
capitol.texas.gov
73/Chris/AC5CM
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